Other Rights

As well as copyright itself there are a number of other 'rights' or classes of copyright such as: public domain, orphan works, crown copyright and database rights.  There are also associated terms such as 'third party rights' and 'copyright free' that need some explanation.

 

Third party rights

Third party rights are those owned by a copyright owner who is not the creator of the work; the illustrations in a book or the images on a webpage are often third party materials. In a history textbook the illustrations, archive photographs, letters and maps that are used are often third party images.

Understanding third party rights is a key concept for both teachers and pupils. If you make a presentation and put images and sounds into that you didn’t make yourself then these additons are third party materials. The first question is, “Have you permission ot use them?”

The second question is, “Does the permission to use them cover how you intend to use them?” The school may have a licence to use images from a subscription service but that may not cover, for instance, publishing them through a website, or a vle.

Because someone else has permission to use an image on a website or in a slideshow from, say a gallery or museum, their permission to publish doesn’t automatically transfer to you; you will need to go to the gallery or museum yourself and ask for your own permission to use them.

Acknowledging the source of third party materials fully is one way of making the position clear and helping others identify the source.

 

Public Domain

When works have passed out of copyright there are said to be in the public domain, or PD, and they can be freely copied, adapted and distributed. There are many good reasons – maintaining provence, acknowledging sources, avoiding plagiarism, encouraging sharing and letting others find the original – for continuing to use acknowledgements even if the work is in the public domain.There are a number of major digital resources on the WWW that are comprised of digitised materials that are in the public domain, such as the pioneering Project Gutenberg.  Creative Commons has a PD classification.

 

Orphan Works

'Orphan works' are those where the creator or copyright owner is not known or cannot be contacted. If the owner can’t be contacted then the work cannot be be used and an impasse is reached.  Orphan works include a huge amount of historical material in libraries, museums and archives which cannot be made opening accessible to the public. 

The issue of orphan works is an on-going and a solution may be found in the future.

  

No Known Restrictions

"No Known Restrictions" is a term used to indicate that the material being published - often old photographs or documents - has no known copyrights associated with them. This claim should be made only after due process of trying to trace the owner and if published used in conjunction with a Take Down Noitice. For more about this topic see Module 4.

Flickr– the photo-sharing website – has a project called, the Commons, involving national archives from many countries in which they publish for open use a treasure trove of old photographs some in the public domain and many that are orphan works. They created a new licence based on "no known copyright restrictions?" to deal with the copyright issue. See Flickr Commons http://www.flickr.com/commons

 

“Copyright Free”

This is a term often used as an expressesion hope rather than accurately describing a particular class of ‘copyrights’. By free is meant either - or perhaps both - no charge and/or no copyright restrictions for the purposes you have in mind. There’s plenty of material available which is free in both these senses but which has copyrights, moral rights and other rights in law such as rights of privacy or personality, in place.

 

Exceptions and Fair Dealing

The CPDA sets out a number of exceptions, including ‘fair dealing’ and ‘education exceptions’ which describe activities that are permissible in schools with copyright materials. The exceptions are however limited and are specific to different classes of copyright works. Module 3 describes the exceptions relevant to school in detail. See Module 3

 

Crown Copyright

In the UK 'Crown Copyright'  describes material which is produced by employees of the Crown in the course of their duties. 'Crown Copyright' includes legislation, government codes of practice, Ordnance Survey mapping, government reports, official press releases, government forms and many public records. 'Parliamentary Copyright' applies to materials such as Hansard the record of the Houses of Commons and Lords, Parliamentary Bills and to government white and green papers. Therefore, most material originated by ministers and civil servants is protected by Crown Copyright. Crown copyright is for 50 years except for materials which has not been published when it is 125 years. Guidance about Crown Copyright is from the Office of Public Sector Information (OPSI) at http://www.opsi.gov.uk/advice/crown-copyright/index.htm which says that extracts of up to 250 words from official sources may be re-used without the need to apply for a licence.”  Some Crown Copyright materials have the copyright waived and are placed into the Public Domain.

 

Database Rights

A database, provided it has some originality, may be protected by copyright in the category of  a “literary work” and/or a “database right” which lasts for 15 years. Databases of copyright works must have permissions from the individual copyright owners to permit this. Further information from UK IP Office databse rights  

 

Performance Rights

Performance rights apply to literary, musical and dramatic works and give the performers - actors or musicians - rights to sell or licence their contribution for reproduction, distribution, rental and lending of a work they have appeared in. Performance rights last for 50 years, work world-wide and form the basis of an important income stream for many performers.

 

Photography (inc video) and Rights

A freelance or amateur photographer has full copyright of the work they produce. When 'moral rights' were introduced in the UK by the Copyright Act of 1988, the right for creators and authors to be acknowledged gave photographers a lever to have their work acknowledged even if they were in the employ of a company or newsagency. Moral Rights have to be 'asserted' or agreed before work is done. Photographs in old newspapers, magazines and books often have no acknowledgements making it difficult to trace if permissions for re-use are being sought. 

There is another 'moral right' in regard to photography - the right of a client who has commissioned a photograph on a private basis - wedding, private party, family group, studio portrait, etc - the photographer and/or publisher needs their explicit permission to make use of the photographs. 

In the UK it is generally OK to photograph in public places - with some restrictions including 'harassment' and ALWAYS with a dose of common sense; as there is no right to privacy in public places as a rule - public toilets being an obvious example. However, the UK Human Rights Act does provide that people have a right to privacy in their own homes - therefore, you can't, for instance, photograph people in the privacy of their house or back garden without permission. The term 'public place' is open to interpretation so, some public-seeming places may, in fact be private - e.g. shopping centres pedestrian ways.

 Laws about the uses of photography and video differ in different countries - and even in different states or regions of a particular country. Take care!

 As with everything else - you have to apply 'rights' to particular situations and balance your rights with those of other people who may be involved. 'Common sense' plays a large part in the practice of taking photography and video.